The role of the court is one of the key ones in building a democratic, free and just society. The judiciary must support the concept of quality services, which includes equality, non-discrimination, and the widest possible access to justice, applying the law, the constitution, and international human rights standards. This becomes possible only if the system itself functions correctly and the judge’s nomination and confirmation process is transparent and fair.
The President nominates a candidate for a vacancy on the Court, and the Senate votes to confirm the nominee, which requires a simple majority. The advantage of this method is that both the executive and legislative branches of the federal government have a say in the composition of the Supreme Court. Justices of the Supreme Court are appointed for life by the Constitution, which is intended to support the Court’s independence from the President and Congress. However, this is not always the case, and political factors typically significantly influence the selection of Supreme Court justices. Presidents are more likely to select a candidate whose political or ideological stances align with their own. Due to this, the system is more focused on the state than the citizens. In some instances, this may have a detrimental effect on civil liberties and rights.
An election might choose the Supreme Court judges as an alternative to this method. Around the world, this behavior is quite uncommon. The trust that the public has in the courts is the largest benefit since people always have more faith in those they can choose for themselves. An elected judge is more likely to be less inclined toward the government and less likely to pander to politics. Such a judge will prioritize the fair application of the law over the defense of specific, limited interests. However, there are drawbacks to this approach as well, particularly in litigious situations. In extremely contentious and public situations, society may exert influence on the judge’s judgment due to the need to please their constituents.
John Roberts, the Chief Justice of the US Supreme Court at the moment, has developed a reputation as an institutionalist who works to defend the Court against administrative or legislative meddling by advancing the Court’s credibility as an independent arbitrator of ideology and partisan politics. Roberts made it crystal clear in November 2018 that there are no Obama judges, Trump judges, Bush judges, or Clinton judges, but rather an exceptional group of dedicated judges who go above and beyond to ensure equal rights with those who appear before them.